Jailed Pakatan Harapan de facto leader Anwar Ibrahim and PKR Lunas state assemblyperson Azman Nasruddin have mounted a constitutional challenge against the Election Commission (EC) over the malapportionment of voters.

In the suit filed at the Alor Setar High Court today, Anwar and Azman argued that the redelineation exercise in their respective constituencies – Permatang Pauh, Penang, and Sungai Petani, Kedah – had violated their rights as voters, guaranteed under Article 8(1) of the Federal Constitution.

Article 8(1) states that "all persons are equal before the law and are entitled to equal protection of the law."

The duo named the EC and government as respondents.

They sought a declaration from the court that the delimitation exercise on the Permatang Pauh, and Sungai Petani parliamentary constituencies is a violation of their rights as voters under Article 8(1).

In his supporting affidavit, Anwar said that in Permatang Pauh, there at 80,574 voters as of the 2nd quarter (Q2) of 2017, up from 71,699 voters in 2013.

However, by comparison, he said many other parliamentary constituencies held by BN had far less voters.

Among the examples he cited were Padang Rengas, which had 30,688 voters as of Q2 2017; Lenggong (29,498); Bagan Datok (44,351); and Sembrong (43,708).

"The difference in the total number of voters between our constituencies and those stated amounts to malapportionment arising from the improper and or unlawful delimitation of those constituencies by the defendants and thus violates our rights under Article 8(1) of the Federal Constitution.

"The malapportionment exists whether the figures during the 13th general election or Q2 of 2017 are relied on," Anwar said.

The redelineation exercise is being challenged in court on several fronts, including the Selangor government’s attempt to stop the EC from submitting its redelineation report to the prime minister altogether.